Download copies of all DNS Made Easy polices:
- Terms of Service
- Warranty, Indemnification, and Legal Disclaimer
- Support Policy
- Refund Policy
- Complaint Policy
- SMTP Service Abuse Policy
Terms of Service
Last updated: April 13, 2012
Tiggee LLC doing business as DNS Made Easy, (hereafter “DNS Made Easy” or “Tiggee”), provides the SERVICE subject to the terms and conditions set forth in this Terms Of Service (hereafter “TOS”) along with the Warranty, Indemnification, and the Legal Disclaimer which is specifically incorporated by reference into this TOS. By using DNS Made Easy products, software, services or web sites, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time. The current version of the TOS can be found on the website www.dnsmadeeasy.com.
DEFINITION OF TERMS:
“SERVICE” means the DNS Made Easy internet-based web service that provides DNS hosting and other Internet related services that consist of (but are
not limited to) DNS Hosting, Dynamic DNS, Monitoring, Web performance Optimization, URL redirection, email services, API, the web based control
panel through which individual services are configured and managed, and the support sites through which support is provided.
“CLIENT” means the individual, company, or legal entity that is using or registering to use the Services, including its employees and agents.
“USER” means the individual that creates and/or has access to manage or maintain configurations and services within a DNS Made Easy ACCOUNT.
Every ACCOUNT has a primary USER that is the main point of contact and representative of the CLIENT.
“DNS DOMAIN” an internet domain name to which DNS Made Easy provides DNS services.
“INDIVIDUAL SERVICE” means a single individual service which is a part of the SERVICE.
“ACCOUNT” means the set of INDIVIDUAL SERVICES purchased and configured by a CLIENT.
ACCEPTANCE OF TERMS: Every USER must agree to enter into this Agreement before accessing the SERVICE. If an individual enters this Agreement on behalf of a company or other legal entity, such individual represents that he or she has the authority to bind such entity to this Agreement.
OWNERSHIP & CONTENT: Tiggee and/or its suppliers wholly own all articles, illustrations, programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising DNS Made Easy.
CHANGE OF SERVICES: DNS Made Easy reserves the right to change SERVICE offerings at any time. DNS Made Easy reserves the right to limit an INDIVIDUAL SERVICE that may have been “unlimited” or had higher limits previously. Fees are subject to increased by DNS Made Easy from time to time, in its sole and absolute discretion. These changes can be caused but not limited to increase in network / support costs that the DNS Made Easy services take to operate.
TERMINATION OF SERVICE: The CLIENT may terminate this agreement and rights to use the SERVICE by contacting DNS Made Easy. CLIENT request to terminate SERVICE may result in loss of fees paid. To cancel an ACCOUNT with DNS Made Easy the ACCOUNT holder must send their request in writing to DNS Made Easy through support ticket and delete all configured services in the DNS Made Easy control panel. Canceling the ACCOUNT or removing an INDIVIDUAL SERVICE or DNS DOMAIN from an ACCOUNT does not remove the financial responsibility of the CLIENT for usage or costs incurred by DNS Made Easy from the prior usage of SERVICE even after cancellation or removal. Any ACCOUNT that is not in good standing may be subject to SERVICE termination at any time for any reason. An ACCOUNT in good standing is defined as a paid non-trial ACCOUNT with DNS Made Easy and which has no overdue invoices. ACCOUNT found to be using a fraudulent payment method (or methods) or have been accessed from a DNS Made Easy known fraudulent network will be considered an ACCOUNT not in good standing.
If a DNS DOMAIN or INDIVIDUAL SERVICE under an ACCOUNT is in violation of this TOS then either:
- The ACCOUNT contact will be notified and be provided a period of time to address the issue. The amount of time provided to CLIENT to address an issue is set by DNS Made Easy on the evaluation of the seriousness of the violation on a case-by-case basis. ACCOUNTs with a TOS violation found to have invalid contact information will be immediately terminated.
- or -
- The DNS DOMAIN or INDIVIDUAL SERVICE will be terminated at the sole discretion of DNS Made Easy. The choice to terminate the DNS DOMAIN or INDIVIDUAL SERVICE is decided on a case-by-case basis at the discretion of DNS Made Easy based on the evaluation of the seriousness of the violation. DNS Made Easy will contact the CLIENT informing them of the termination.
If multiple DNS DOMAINS or INDIVIDUAL SERVICEs are in violation of the TOS or the ACCOUNT has a history of TOS violations then the full ACCOUNT may be suspended or terminated upon DNS Made Easy management review. The suspension or termination of a full ACCOUNT is decided on a case-by-case basis and is determined at the sole discretion of DNS Made Easy. If the ACCOUNT has an instance of TOS violation then an extra
administrative fee may be assessed (billed at a minimum of $150 USD per hour) to the ACCOUNT at the sole discretion of DNS Made Easy.
During any such suspension or termination of the INDIVIDUAL SERVICE or SERVICE the CLIENT shall remain liable for all fees, charges and any other obligations. CLIENT of DNS Made Easy continues to be responsible for all fees, charges, and any other obligations that could continue to accrue during the suspension or termination period.
DNS Made Easy may terminate your account or access rights to all SERVICE for online conduct that DNS Made Easy believes may cause imminent harm to the rights, property or safety of DNS Made Easy, its CLIENTs, USERs, or the public.
If overdue or open invoices for ACCOUNT exceeds ten times annual renewal of the ACCOUNT then payment of invoices is due within 72 hours. DNS Made Easy may at its sole discretion terminate the full ACCOUNT if the cost of the open invoices exceeds ten times a full year of the ACCOUNT renewal fee.
LIABILITY: The CLIENT accepts liability and agrees to reimburse DNS Made Easy within 24 hours for any and all additional costs incurred by DNS Made Easy due to the CLIENT use of the SERVICE, including but not limited to, legal fees and legal costs.
The CLIENT is expected to reimburse DNS Made Easy within 72 hours for any and all additional costs of bandwidth and emergency expenditures to DNS Made Easy in the course of mitigating a Denial-of-Service or Distributed Denial-of-Service attacks against a client’s DNS DOMAIN(s) or INDIVIDUAL SERVICE(s). This includes, but is not limited to, support time, bandwidth, special consulting, and loss of business associated to the client’s
PROHIBITED USES OF THE SERVICE:
This a non-exclusive list of the actions prohibited by DNS Made Easy. DNS Made Easy reserves the right to modify this list at any time, effective upon posting. These prohibited activities, action, or uses of the SERVICE are prohibited to help protect DNS Made Easy, DNS Made Easy’s CLIENTs and the Internet community in general from irresponsible or, in some cases, illegal activities.
Any ACCOUNT found to be engaged in any of these prohibited uses is in violation of this agreement and is subject to the TERMINATION OF SERVICE statement in this TOS.
- DNS Made Easy will not provide SERVICE to any domain that is used in an IRC service of any type.Any domain that has ever been a target of a DNS DDoS attack is strictly prohibited from using the DNS Made Easy SERVICE.
- Any domain that has ever had a history of a DDoS attack of any kind other than a DNS DDoS must request DNS Made Easy approval before being added to DNS Made Easy. Request for approval can be made by sending an email to firstname.lastname@example.org.
- All domains in our system must have correct and lawful WHOIS entries / listings. DNS Made Easy cannot be used to hide your true identity or hide illegal activities.
- If inaccurate CLIENT information is entered in the DNS Made Easy control panel then the ACCOUNT is considered abusive and will be suspended and terminated without refund.
- Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- The sending of any form of Unsolicited Bulk Email (UBE, spam) through DNS Made Easy SERVICE is prohibited. Likewise, posting bulk Usenet articles or the sending of UBE through another service provider advertising a web site, email address or utilizing any resource using the DNS Made Easy SERVICE, is prohibited. DNS Made Easy ACCOUNT or SERVICE may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this TOS or that of the other provider.
- CLIENT or domains of ACCOUNT can never be used for denial of service attacks of any kind.
- Misrepresentation of any service or product including DNS Made Easy SERVICE.
- Hosting or transmission of any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law or regulation.
- Hosting or transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
- The use of distribution lists to any person who has not given specific permission to be included in such a process.
- Illegal activities of any kind. The client further agrees not to transmit.
- Actions causing loss or creating service degradation for DNS Made Easy or other DNS Made Easy CLIENTs whether intentional or inadvertent.
- The act of reselling or attempting to resell a DNS Made Easy ACCOUNT. This means that you cannot purchase an account of 50 domains and sell it to 50 different people and give each one the same user name and password for the ACCOUNT.
- Multiple ACCOUNTs cannot be created and / or used by a CLIENT to spread traffic for INDIVIDUAL SERVICEs across the ACCOUNTs.
- Usage for a DNS DOMAIN or INDIVIDUAL SERVICE can be counted in any and all ACCOUNTs that have had the DNS DOMAIN or INDIVIDUAL SERIVCE in the ACCOUNT for that month. CLIENTs who are found creating multiple ACCOUNTs to circumvent our quota systems will have all of their ACCOUNTs terminated immediate without notice and without refund.
- Attempts to gain unauthorized access to other computer systems are prohibited.
SERVICE LEVEL REQUIREMENTS: All gambling, betting, pornography, escort, or adult oriented sites are required to be under the current Corporate Membership and must have approval from DNS Made Easy management prior to being created on the DNS Made Easy SERVICE.
SMTP SERVICE: The DNS Made Easy SMTP Abuse Policy and Terms of Service is specifically incorporated by reference into this TOS.
REFUNDS AND CHARGEBACKS: The DNS Made Easy Refund Policy is specifically incorporated by reference into this TOS. If you ever feel that DNS Made Easy incorrectly charged your credit card you must email email@example.com for a correction. If you choose to contact your credit card company and issue a charge-back without contacting DNS Made Easy, then you will be responsible for a $55 processing fee invoiced to your ACCOUNT. ACCOUNTs that initiate a chargeback will be immediately suspended.
To reactivate an ACCOUNT suspended due to a chargeback you must reverse the chargeback. Reversing a chargeback is done by contacting your bank or credit card issuer and requesting that the chargeback be reversed. The chargeback reversal process can be a timely one and your account will be suspended until it is completed and we are notified of the reversal (usually through postal mail). An ACCOUNT due to a chargeback cannot be reactivated by making payment using an alternative payment method.
NETWORK ABUSE / CONDUCT: DNS Made Easy has the right to terminate any DNS DOMAIN or INDIVIDUAL SERVICE if the network traffic associated with the DNS DOMAIN or INDIVIDUAL SERVICE exceeds acceptable use. The actions of DNS Made Easy are based on the service level of the ACCOUNT that is provisioned and based on the expectation of the account to pay for overages (if overage charges are going to be issued). All domains exceeding 50 queries per second will be investigated. DNS Made Easy reserves the right to make record modifications at anytime to resolve network abuse. If an ACCOUNT consistently receives excessive traffic volume due to network abuse, then your DNS DOMAIN, INDIVIDUAL SERVICE,or ACCOUNT may be subject to termination.
CUSTOMER CONDUCT: The CLIENT is solely responsible for the contents of his/her usage of SERVICE. CLIENT use of the SERVICE is subject to all applicable local, state, national, and international laws and regulations.
The CLIENT agrees:
- to comply with US and International law regarding the transmission of technical data exported from the United States through the SERVICE;
- not to use the SERVICE for illegal purposes;
- not to interfere with or disrupt networks connected to the SERVICE;
- to ensure that their use of the SERVICE complies with this TOS;
- to be responsible for the actions of all of the USERs under their ACCOUNT;
ACCOUNT RESPONSIBILITY FOR CUSTOMER USERS: Each DNS Made Easy is responsible to ensure that its customers/representatives or endusers abide by this TOS. Complaints about customers/representatives or end-users of a DNS Made Easy CLIENT will be forwarded to the DNS Made Easy ACCOUNT contact for action.
SUPPORT OF SERVICE: DNS Made Easy will provide excellent customer service support for the DNS Made Easy SERVICE as defined in our Support Policy which is specifically incorporated by reference into this TOS.
CUSTOMER COMPLAINT: All formal complaints must be in accordance to our Complaints Policy which is specifically incorporated by reference into this TOS.
SEVERABILITY: The titles and heading of this agreement are for ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this TOS shall be construed for all purposes to be a separate and independent covenant or agreement. If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being
enforced by any rule or law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible.